Herman v. State’s Empirical Analysis
1855
Citation profile
10 state decisions
How this case has been cited
Cited by 11 later decisions — most recently January 2019
10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on William Marbury v. James Madison · John Barron John Craig Luke Tiernan John Craig v. Mayor City Council of Baltimore · Samuel Thurlow v. The Commonwealth of Massachusetts · John Satterlee v. Elizabeth Matthewson · Dunham v. Trustees of Rochester
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he right of liberty and pursuing happiness secured by the constitution, embraces the right, in each compos mentis individual, of selecting what he will eat and drink, in short, his beverages, so far as he may be capable of producing them, or they may be within his reach, and that the legislature cannot take away that right by direct enactment. If the constitution does not secure this right to the people, it secures nothing of value.... The happiness enjoyed in the exercise of general, reasonably regulated liberty by all, overbalances the evil of occasional individual excess.”
2 later decisions quote this exact passage“dicta ... are not necessarily law—are, in fact, generally unconsidered first impressions which, all legal experience proves, are thrown out by all judges in giving opinions as habitually and thoughtlessly as violations of the constitution are perpetrated by the legislature in enacting laws, and infinitely more excusably. Scarcely an elaborate opinion is written not containing them. This the profession will understand, and hence, are not misled by them if erroneous.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.